Main Cause Of Death On Death Row Is Old Age Pa. Death Row In `Logjam,' As Federal Judges Grant Stays * Highest Number Ever, 211, Waiting To Die, Despite 99 Signed Execution Warrants.

December 07, 1997|by MARIO F. CATTABIANI, The Morning Call

In May 1995, a lethal mix of barbiturates and paralytic agents coursed through Keith Zettlemoyer's arm. Another murderer, Leon Jerome Moser, met the same fate a mere three months later.

By carrying out the death sentences, Pennsylvania reversed a three-decade drought on executions, supporters of capital punishment believed.

More would follow, they thought. But none have.

In fact, in the 28 months since the last execution, only one inmate reached the final stage of the process -- being transported to the state's death chamber near State College, Centre County -- before winning a last-minute reprieve.

During that time, death row's population has increased by 15 to 211 inmates -- the highest number ever.

Since taking office in January 1995, Ridge has signed 99 death warrants for 62 murderers. By comparison, his predecessor, Gov. Robert P. Casey, put his signature on only 21 in his eight years in office.

"The vast majority of Pennsylvanians support the death penalty but, unfortunately, the primary cause of death on death row remains old age," said Reeves. "What the governor has succeeded in doing is removing the governor's office as an obstacle to the death sentences being carried out."

Then why aren't more murderers being strapped to the death chamber's gurney?

Northampton County District Attorney John Morganelli, a staunch supporter of capital punishment, places most of the blame on federal judges, who have granted the bulk of the stays of executions over the past two years.

"Until the federal court moves on these cases, there will continue to be a logjam," said Morganelli, a Democrat. Eventually, that time will come, said Morganelli. But not for perhaps a year or so after federal statutes limiting appeals win more court challenges.

Then, federal judges will be less inclined to grant as many stays, Morganelli believes.

Simple math explains the growing population trend: More people are being sentenced to death than are being executed or leaving death row in another fashion, such as receiving new trials. In the past decade, six men have died while awaiting execution, corrections records show.

Since February 1993, the state's death row has swollen by nearly 40 percent, rising by 24 inmates in just the three years Ridge has been in office.

Capital punishment in general, and the state's use of it in particular, has come under attack on several fronts this year.

In February, the American Bar Association voted overwhelmingly to seek a halt to the death penalty, asserting that it is administered through "a haphazard maze of unfair practices."

The national group's governing body sought a moratorium on executions until the federal government and the 38 states with capital punishment statutes can ensure greater fairness and due process to the criminal defendants who are affected.

The Pennsylvania Bar Association took a similar stand last month.

And just two weeks ago, the human rights group Amnesty International turned up the heat on the issue.

At a news conference in Philadelphia, Pierre Sane, a top Amnesty official, predicted "an avalanche" of executions in Pennsylvania come 1998. He said that by signing so many death warrants, Ridge was gearing up to make the state "the Texas of the North." The Lone Star state by far leads the nation in the number of executions.

What's more, the state Supreme Court threw out a 1995 law that death penalty supporters believed would eventually speed up the appeal process. The law had required death-row inmates to simultaneously file their appeals and any challenges to the effectiveness of their attorney.

Pennsylvania Attorney General Michael Fisher has asked the state's highest court to reconsider the decision.

"We are going to see another year or two of delays before we get progress," he said in a recent interview.

Fisher attributed part of the reason on new trends being explored by defense attorneys here and in other states. A recent one, he said, is to appeal on the grounds that a defendant isn't competent to defend himself.

"The longer you wait, every case seems to pick up more grounds to appeal," said Fisher. "It's become a virtually endless process."

Unlike other states, Pennsylvania doesn't have an actual death row. Those facing death sentences are housed in one of six state prisons across Pennsylvania.

The state ranks fourth in the number of inmates sentenced to die. Only California, Texas and Florida have more. Of the 211 death-row inmates, 23 committed crimes in The Morning Call's coverage area.

The latest of Ridge's death warrants came on Nov. 14. Three executions were planned for next week, yet all have since been stayed by the courts.